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(영문) 부산지방법원 2020.04.29 2019가합633
선거관리위원및위원장위촉무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The council of occupants' representatives of the C apartment (hereinafter referred to as the "council of occupants' representatives of this case") is a non-corporate body comprised of representatives of the 2,716 units of C apartment located in Busan-gu, Busan-gu, and the plaintiff and the defendant of the above apartment under Article 2 subparagraph 7 of the Multi-Family Housing Management Act are the owners of the apartment P, and Q, the tenant of the above apartment (from July 19, 2018 to July 18, 2020).

(b).

On September 20, 2017, the council of occupants' representatives of the instant case adopted a resolution to promulgate new management rules (hereinafter referred to as "instant amendment"), by amending the existing management rules (hereinafter referred to as "the 7th management rules"), and on the same day, the amendment of the instant management rules and the enforcement of the 8th management rules were promulgated.

C. On June 14, 2018, the instant council of occupants’ representatives, following open recruitment procedures under Article 34(2) of the 8th Management Rules, passed a resolution to commission the Plaintiff as the chairperson of the 22nd election management of the instant apartment as the 22nd election management committee (the term of office from July 1, 2018 to June 30, 2020), E, F, G, and H, respectively, as the 22nd election management committee. On July 1, 2018, the instant council of occupants’ representatives was awarded to the Plaintiff a letter of appointment under the name of the chairman of the instant council of occupants’ representatives.

around May 2018, I was elected as the representative of the 22nd Jdong Building (the term of office from July 1, 2018 to June 30, 2020) of the instant apartment, and was elected as the president of the instant council of occupants' representatives around June 2018.

E. As the president of the instant council of occupants’ representatives, I conducted the recommendation procedures and open recruitment procedures under Article 34 of the 7th management rules, and announced the Defendant, K, L, M, and N as the 22 election management members on July 14, 2018, and issued a letter of appointment to the above election management members on the same day.

On July 17, 2018, the defendant was elected by the chairperson of the election management committee at the meeting of the election management commission where five members of the above election management committee were present, and on July 17, 2018.

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